Sunday, February 12, 2017

October 1, 2016.
Last week the Supreme Court of Florida became the 25th state to adopt the duty of technological competence that the ABA adopted in its recent amendments to the Model Rules. That's not terribly surprising as the language of the Model Rules usually eventually finds its way into state rules.

However, the Florida Supreme Court did go a bit further. As explained by the court, the amendment "add[s] language to the comment providing that, in order to maintain the requisite knowledge and skill, a lawyer should engage in continuing study and education, including an understanding of the risks and benefits associated with the use of technology.

Go here for more information and a copy of the Court's order. The ABA Journal online also has the story here.

Interestingly, once it is decided that having knowledge about technology is part of the duty of competence, it follows that it will become an element of the standard of care for malpractice cases.